How to file to clear a record in North Carolina

The steps, cost, fee waiver and forms to clear a record in North Carolina.

Checked against official sources: October 25, 2026.

Short answer

For older cases, file the AOC petition with the clerk of superior court in the county where you were charged. The court must grant it if the charge was dismissed or you were found not guilty; a hearing is often not needed.

Main remedy
Expunction of dismissed charges and not-guilty findings (G.S. 15A-146)
Cost
No fee for most dismissals and not-guilty findings. $175 if the charge was dismissed after a deferred prosecution agreement or conditional discharge.
Forms
6

Filing step by step in North Carolina

Expunction of dismissed charges and not-guilty findings (G.S. 15A-146)

For older cases, file the AOC petition with the clerk of superior court in the county where you were charged. The court must grant it if the charge was dismissed or you were found not guilty; a hearing is often not needed.

Cost
No fee for most dismissals and not-guilty findings. $175 if the charge was dismissed after a deferred prosecution agreement or conditional discharge.
If you can't pay
The fee does not apply to indigent petitioners; use the AOC 'Petition to Sue/Appeal/File Motions as an Indigent' form.

Law: G.S. 15A-146(d)

Expunction of nonviolent misdemeanors and felonies, no age limit (G.S. 15A-145.5)

File the AOC petition with the clerk of superior court in the county of conviction, with two character affidavits from unrelated people and a request for SBI and AOC record checks. The district attorney has 30 days to object and the victim may be heard. A judge holds a hearing. For misdemeanors the judge must grant it if you meet the conditions; for felonies the judge may grant it.

Cost
$175 filing fee paid to the clerk of superior court.
If you can't pay
The fee does not apply to petitions filed by an indigent person; use the AOC 'Petition to Sue/Appeal/File Motions as an Indigent' form.

Law: G.S. 15A-145.5(g)

Expunction of a misdemeanor committed before age 18, or underage alcohol possession before 21 (G.S. 15A-145)

File the AOC petition in the county of conviction with two character affidavits; the district attorney has 10 days to object; the judge holds a hearing.

Cost
$175 filing fee.
If you can't pay
Not charged to indigent petitioners.

Law: G.S. 15A-145(e)

Expunction for offenses committed at age 16 or 17 before December 1, 2019 (G.S. 15A-145.8A)

You, your lawyer or the district attorney may file in the county of conviction; the district attorney has 30 days to object and the victim may be heard.

Cost
$52.50 filing fee paid to the clerk of superior court.
If you can't pay
The fee does not apply to petitions filed by an indigent person; use the AOC 'Petition to Sue/Appeal/File Motions as an Indigent' form.

Law: G.S. 15A-145.8A(h)

Court self-help

Checklist: what to gather before you file

Exclusions in North Carolina

  • Expunction of dismissed charges and not-guilty findings (G.S. 15A-146): Automatic expunction does not apply to a felony charge dismissed as part of a plea agreement
  • Expunction of nonviolent misdemeanors and felonies, no age limit (G.S. 15A-145.5): Class A through G felonies and Class A1 misdemeanors; any offense with assault as an element; offenses requiring sex offender registration and certain other sex or stalking offenses; felony drug offenses involving methamphetamine, heroin, or possession with intent to sell or deliver (or sale and delivery of) cocaine; cross-burning and similar intimidation offenses and any offense enhanced as a hate crime; G.S. 14-401.16; breaking or entering with intent to terrorize or injure; felonies using a commercial motor vehicle; attempts to commit any of these; and any impaired-driving offense (DWI). You also need no outstanding restitution and no pending charges.
  • Expunction of a misdemeanor committed before age 18, or underage alcohol possession before 21 (G.S. 15A-145): Impaired-driving offenses and offenses requiring sex offender registration; you must have no other felony or non-traffic misdemeanor conviction
  • Expunction for offenses committed at age 16 or 17 before December 1, 2019 (G.S. 15A-145.8A): Motor vehicle offenses (including impaired driving) and offenses requiring sex offender registration

Law: N.C. Gen. Stat. § 15A-146; N.C. Gen. Stat. § 15A-145.5; N.C. Gen. Stat. § 15A-145.8A

After your record is cleared

After expunction you are not guilty of perjury or a false statement if you do not mention the expunged arrest, charge or conviction, and employers and schools may not require you to disclose it. Exceptions: people seeking law enforcement or sheriff's officer certification must disclose expunged convictions, and an expunged conviction under 15A-145 or 15A-145.5 may be considered at sentencing for a later crime.

Law: N.C. Gen. Stat. § 15A-153; § 15A-145.5(d)

Get your own record in North Carolina

North Carolina State Bureau of Investigation (SBI)

Ask the SBI for a fingerprint-based 'Right to Review' check of your North Carolina record using its Request for Access to Criminal History Record Information form. Fee: $14.

Letter: ask the state records office for a copy of your record

In nearby states

  • Virginia: No court fees or costs to file. You may pay a service fee if you have the sheriff serve the prosecutor; hand delivery or mail avoids it.
  • South Carolina: No fee for charges that were dismissed, discharged, nolle prossed or found not guilty, unless the charge was dropped as part of a plea deal on other charges.
  • West Virginia: No filing fees or costs.

Your next steps in North Carolina

  1. Gather your papers

    You need your case numbers, court papers and proof you finished your sentence. Checklist: what to gather before you file.

  3. File with the clerk

    File the petition with the clerk and follow the court's rules for notice to the prosecutor.

Where to get free help in North Carolina

Questions about filing in North Carolina

What is the waiting period in North Carolina?

Charge dismissed or found not guilty: No waiting period, counted from the final disposition of the charges; One nonviolent misdemeanor: 3 years, counted from the conviction date or the end of any jail sentence, probation or post-release supervision, whichever is later; More than one nonviolent misdemeanor: 7 years, counted from your last conviction (other than a traffic offense) or the end of any sentence, probation or post-release supervision, whichever is later; One nonviolent felony: 10 years, counted from the conviction date or the end of any sentence, probation or post-release supervision, whichever is later.

How much does it cost to clear a record in North Carolina?

Expunction of dismissed charges and not-guilty findings: No fee for most dismissals and not-guilty findings. $175 if the charge was dismissed after a deferred prosecution agreement or conditional discharge. Expunction of nonviolent misdemeanors and felonies, no age limit: $175 filing fee paid to the clerk of superior court. Expunction of a misdemeanor committed before age 18, or underage alcohol possession before 21: $175 filing fee. Expunction for offenses committed at age 16 or 17 before December 1, 2019: $52.50 filing fee paid to the clerk of superior court.

Where do I get my own record in North Carolina?

Ask the SBI for a fingerprint-based 'Right to Review' check of your North Carolina record using its Request for Access to Criminal History Record Information form. Fee: $14.

Where can I get free help in North Carolina?

Legal Aid of North Carolina (helps some people with expunctions).

Related North Carolina pages